Divorce is never easy, and when children are involved, it becomes even more complicated. Recent changes to alimony and custody laws in the state have reshaped how divorce is handled. This guide provides clarity on these updates for parents in Florida going through this difficult process.

Types of Divorce in Florida

In Florida, there are two primary types of divorce: simplified dissolution of marriage and regular dissolution of marriage.

Simplified Dissolution of Marriage

This type of divorce is designed for couples who mutually agree on the division of assets and do not have any children. It is Florida’s version of an uncontested divorce. 

Both parties must agree to the terms and waive their right to a trial and appeal. This process is quicker and involves less paperwork but is only available under specific conditions.

Regular Dissolution of Marriage

If there are children or significant disputes regarding assets, a regular dissolution is required. This process may involve mediation and court appearances to resolve issues related to child custody, alimony, and the division of assets.

How Divorce is Filed in Florida

Florida remains a no-fault divorce state, where proving wrongdoing is not necessary

So filing for divorce in Florida is relatively straight-forward, as long as you meet the state’s residency requirement before initiating the process: At least one spouse must have lived in Florida for six months before filing.

Steps to File for Divorce

1. Petition Filing: One spouse (the petitioner) files a petition for dissolution of marriage, stating that the marriage is irretrievably broken.
2. Service of Process: The petition must be served to the other spouse, who then has 20 days to respond.
3. Mediation or Settlement: If disputes arise, mediation is usually recommended before proceeding to court. If both parties agree, they can settle without a trial.
4. Court Involvement: If mediation fails, the case moves to court, where a judge will make decisions on issues such as asset division, child custody, and alimony.
5. Final Judgment: After all disputes are resolved, the court issues a final judgment, officially ending the marriage.

Recent Changes to Florida Divorce Law 

With the passage of Senate Bill 1416 in July 2023, significant changes have been made to divorce laws in Florida, particularly concerning alimony and custody.

Permanent Alimony Eliminated

Permanent alimony was eliminated. This means that any ongoing alimony will now have a definitive end date, bringing considerable relief to many who were previously burdened with permanent financial obligations.

Types of alimony that remain include:

Type of Alimony	Description	Duration
Bridge-the-Gap Alimony	Helps the spouse transition from married to single life.	Maximum of 2 years
Rehabilitative Alimony	Supports redeveloping skills or education.	Maximum of 5 years
Durational Alimony	Provides financial assistance based on the length of marriage.	Depends on marriage duration

Alimony & Retirement

Retirement age has long been a contentious issue regarding alimony. 

Senate Bill 1416 allows alimony payers at or near retirement age to petition the court for a reduction or termination of alimony payments. Courts now evaluate whether it’s reasonable for a payor to retire and reduce payments based on factors like age, economic impact, and the needs of the payee.

Supportive Relationships

The new law also affects how supportive relationships impact alimony. If a court finds that a payee has entered into a supportive relationship, the alimony may be reduced or terminated. This shifts the burden of proof to the payor, who must provide evidence of the relationship, after which the payee must prove why the alimony should continue.

Child Custody Changes

Recent changes also affect child custody. Parents who move within 50 miles of their child’s primary residence can now establish a substantial change in circumstances to request modifications to time-sharing agreements.

Is an Attorney Necessary?

While hiring a divorce attorney or family law firm is not legally required in Florida, it is highly recommended. Divorce law is complex, and recent changes have added new nuances to alimony and custody issues. An attorney can guide you through these changes, helping you avoid costly mistakes and ensuring your rights are protected.

Reasons to Hire an Attorney	Benefits
Knowledge of Recent Law Changes	Ensures compliance with updated laws.
Assistance with Complex Issues	Simplifies alimony, custody, and asset division.
Legal Representation in Court	Protects your rights and interests.

Moving Forward

Divorce in Florida has shifted significantly with recent changes to alimony and child custody laws. 

While these updates may offer relief and clarity, the process remains emotionally challenging, especially for parents and children. Understanding how these changes affect you can provide a sense of control and reassurance as you face these difficult decisions.